The petition is filed under Section 439(1) Cr.P.C. read with Section 41A of the Abkari Act.
2. Petitioner is the accused in Crime No.21 of 2014 of Kilimanoor Police Station registered for the offence under Section 55(i) of the Abkari Act. Prosecution case is that, the accused was found selling foreign liquor at his house. Seven bottles of Indian Made Foreign Liquor were seized from his house. Some money and glasses were also seized from his house. It is submitted by the learned counsel that the liquor was not intended for sale and the allegation that the petitioner sold liquor is false.
3. Heard both sides.
4. The application is opposed by the learned Public Prosecutor. The petitioner has been in custody since 18.04.2014. The number of bottles and the other articles seized from the house of the petitioner indicate that the liquor was meant for sale. So there is prima faice evidence to prove the allegation of B.A. No. 2962 of 2014 -2-
the prosecution. I am not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offences or that he is not likely to commit any offence under the Abkari Act while on bail. He cannot be released on bail at this stage.
In the result, this application is dismissed.
K.ABRAHAM MATHEW, JUDGE.
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